SB 13--Am. by HCW
[As Amended by House Committee of the
As Amended by Senate Committee
Session of 1997
SENATE BILL No. 13
By Legislative Post Audit Committee
12 AN ACT concerning school districts; relating to [property and services
13 therefor; prescribing restrictions on the use of certain property
14 and services;] lease and lease-purchase agreements for real or per-
15 sonal property; [providing a procedure for consolidation of cer-
16 tain school districts;] amending K.S.A. 12-1765[, 72-8212] and 72-
17 8225 and K.S.A. 1996 Supp. 10-1116c [and 12-345] and repealing the
18 existing sections; also repealing K.S.A. 72-8157.
20 Be it enacted by the Legislature of the State of Kansas:
21 Section 1. K.S.A. 1996 Supp. 10-1116c is hereby amended to read
22 as follows: 10-1116c. Any lease-purchase agreement entered into pursu-
23 ant to this act shall be subject to the following conditions:
24 (a) If the proposed agreement is for a term exceeding the current
25 fiscal year of the municipality, it shall be approved by a majority vote of
26 all members of the governing body.
27 (b) If the proposed agreement involves the acquisition of land or
28 buildings by a municipality other than a county, school district or com-
29 munity college, is for a term of three or more years, and provides for
30 payments in any year in excess of 3% of the total amount budgeted by
31 the municipality for expenditure during the current year, excluding debt
32 service, a notice thereof specifying the purpose and the total of all pay-
33 ments shall be published once each week for two consecutive weeks in a
34 newspaper of general circulation within such municipality. If, within 30
35 days following the last publication of such notice, a petition in opposition
36 to the agreement signed by not less than 5% of the qualified voters of
37 such municipality is filed with the appropriate county election officer, no
38 such agreement shall take effect unless and until the same is approved
39 by a majority of the qualified voters of such municipality voting at an
40 election thereon. Any such election shall be called and held in accordance
41 with the provisions of K.S.A. 10-120, and amendments thereto, or in
42 accordance with the provisions of the mail ballot election act.
43 (c) If the municipality is a county
, school district, school district or
SB 13--Am. by HCW
1 community college and the proposed agreement involves the acquisition
2 of land or buildings, is for a term exceeding the current fiscal year of the
3 municipality, and provides for
annual payments which in the aggregate
4 exceed in any year in excess of $100,000, the governing body of such
5 municipality first shall adopt a resolution stating its intent to enter into
6 such lease-purchase agreement. The resolution shall specify the total of
7 all payments to be made pursuant to the agreement and the purpose for
8 which such agreement is to be entered into. The resolution shall be pub-
9 lished once each week for two consecutive weeks in a newspaper of gen-
10 eral circulation within the municipality. If a protest petition signed by not
11 less than 5% of the qualified voters of the municipality, as determined by
12 the vote for secretary of state at the last general election, is filed with the
13 appropriate county election officer within 30 days following the last pub-
14 lication of the resolution, no such agreement shall take effect unless ap-
15 proved by a majority of the qualified voters of the municipality voting at
16 an election thereon. Any such election shall be called and held in the
17 manner provided by K.S.A. 10-120, and amendments thereto, or in ac-
18 cordance with the provisions of the mail ballot election act. If no such
19 protest petition is filed within the time limitation contained herein, the
20 governing body of the municipality may enter into such agreement. If an
21 election is held pursuant to a protest petition and a majority vote is cast
22 in favor of the proposition, the governing body of the municipality shall
23 have authority to enter into such agreement.
24 (d) If the municipality is a school district and the proposed agreement
25 involves the acquisition of land or buildings, is for a term exceeding the
26 current fiscal year of the municipality, and provides for payments which
27 in the aggregate exceed $100,000 over the term of the agreement, the
28 governing body of such municipality first shall adopt a resolution stating
29 its intent to enter into such lease-purchase agreement. The resolution shall
30 specify the total of all payments to be made pursuant to the agreement
31 and the purpose for which such agreement is to be entered into. The
32 resolution shall be published once each week for two consecutive weeks
33 in a newspaper of general circulation within the municipality. If a protest
34 petition signed by not less than 5% of the qualified voters of the munici-
35 pality, as determined by the vote for secretary of state at the last general
36 election, is filed with the appropriate county election officer within 30
37 days following the last publication of the resolution, no such agreement
38 shall take effect unless approved by a majority of the qualified voters of
39 the municipality voting at an election thereon. Any such election shall be
40 called and held in the manner provided by K.S.A. 10-120, and amend-
41 ments thereto, or in accordance with the provisions of the mail ballot
42 election act. If no such protest petition is filed within the time limitation
43 contained herein, the governing body of the municipality may enter into
SB 13--Am. by HCW
such agreement. If an election is held pursuant to a protest petition and
2 a majority vote is cast in favor of the proposition, the governing body of
3 the municipality shall have authority to enter into such agreement.
4 (e) (d) If the proposed agreement is for a term exceeding the current
5 fiscal year of the municipality, the agreement shall specify the following:
6 (1) The amount or capital cost required to purchase the item if paid for
7 by cash, (2) the annual average effective interest cost, and (3) the amount
8 included in the payments for service, maintenance, insurance or other
9 charges exclusive of the capital cost and interest cost.
10 Sec. 2. K.S.A. 12-1765 is hereby amended to read as follows: 12-
11 1765. The governing bodies of all school districts, cities, agencies and
12 departments of the state of Kansas, and all boards of county commission-
13 ers now located or which may hereafter be located within the county
14 where such public building commission has been created, or all boards
15 of county commissioners that desire to lease space from a county public
16 building commission for detention of eligible juveniles, are hereby au-
17 thorized and empowered to enter into leases without the necessity of any
18 election and without regard to K.S.A. 10-1001 to 10-1122, inclusive, and
19 amendments thereto or to K.S.A. 79-2925 and amendments thereto for
20 any period of time not to exceed 50 years, except that no lease entered
21 into under authority of this section for a school district shall be for any
22 period of time in excess of 10 years.
23 [Sec. 3. K.S.A. 72-8212 is hereby amended to read as follows:
24 72-8212. (a) (1) Subject to provision (2) of this subsection, every
25 unified school district shall maintain, offer and teach kindergarten
26 and grades one through 12 and shall offer and teach at least 30
27 units of instruction for pupils enrolled in grades nine through 12
28 in each high school operated by the board of education. The units
29 of instruction, to qualify for the purpose of this section, shall have
30 the prior approval of the state board of education.
31 [(2) Any unified school district which has discontinued kinder-
32 garten, any grade or unit of instruction under authority of K.S.A.
33 72-8233, and amendments thereto, and has entered into an agree-
34 ment with another unified school district for the provision of kin-
35 dergarten or any such grade or unit of instruction has complied
36 with the kindergarten, grade and unit of instruction requirements
37 of this section.
38 [(b) The board of education shall adopt all necessary rules and
39 regulations for the government and conduct of its schools, consis-
40 tent with the laws of the state.
41 [(c) The board of education may divide the district into sub-
42 districts for purposes of attendance by pupils.
43 [(d) The board of education shall have the title to and the care
SB 13--Am. by HCW
1 and keeping of all school buildings and other school property be-
2 longing to the district. Subject to the provisions of subsection (f), the
3 board may open any or all school buildings for community pur-
4 poses and may adopt rules and regulations governing use of school
5 buildings for those purposes. School buildings and other school
6 properties no longer needed by the school district may be disposed
7 of by the board upon the affirmative recorded vote of not less than
8 a majority of the members of the board at a regular meeting. The
9 board may dispose of the property in such manner and upon such
10 terms and conditions as the board deems to be in the best interest
11 of the school district. Conveyances of school buildings and other
12 school properties shall be executed by the president of the board
13 and attested by the clerk.
14 [(e) The board shall have the power to acquire personal and
15 real property by purchase, gift or the exercise of the power of
16 eminent domain in accordance with K.S.A. 72-8212a, and amend-
17 ments thereto.
18 [(f) The buildings, facilities, equipment and other property of a uni-
19 fied school district, the personal services of the administrative, teaching
20 or support employees of the unified school district, and the telephone,
21 telecommunications and any other services belonging to or purchased by
22 the district shall not be used by any person or other entity to conduct or
23 to assist or support in any manner any private business or other gainful
3. [4.] K.S.A. 72-8225 is hereby amended to read as follows: 72-
26 8225. The board of education of any school district, as lessee or lessor,
27 may enter into written contracts for the use of real or personal property
28 or lease-purchase agreements as provided by K.S.A. 10-1116b, and
29 amendments thereto. No board of education shall enter into any contract
30 under authority of this section as lessor of any school bus, as defined in
31 K.S.A. 72-8301, and amendments thereto. The term of any such lease or
32 lease-purchase agreement may be for not to exceed 10 years. Such lease
33 or lease-purchase agreement may provide for annual or other payment
34 of rent or rental fees and may obligate the school district to payment of
35 maintenance or other expenses. Any contract made under authority of
36 this section shall be subject to change or termination at any time by the
37 legislature. Any assignment of rights in any contract made under this
38 section shall contain a citation of this section and a recitation that the
39 contract and assignment thereof are subject to change or termination by
40 the legislature. The provisions of the cash basis law shall not apply to any
41 lease or lease-purchase agreement made under authority of this section
42 in such a manner as to prevent the intention of this section from being
43 made effective, except that any lease-purchase agreement which is en-
SB 13--Am. by HCW
1 tered into under authority of this section for any school district and which
2 involves the acquisition of land or buildings is subject to the provisions of
3 K.S.A. 10-1116c and amendments thereto.
4 [New Section 5. No person who is a professional employee or
5 administrative employee of a unified school district may be a mem-
6 ber of the board of education of the unified school district by which
7 such person is employed. For the purpose of this subsection, the
8 terms professional employee and administrative employee have
9 the meanings respectively ascribed thereto in K.S.A. 72-5413, and
10 amendments thereto.]
11 [Sec. 6. K.S.A. 1996 Supp. 12-345 is hereby amended to read
12 as follows: 12-345. (a) If the voters approve a plan which provides
13 for the consolidation of the city and county, such consolidated city-
14 county shall be subject to the provisions of this section.
15 [(b) Wyandotte county is hereby designated an urban area, as
16 authorized under the provisions of section 17 of article 2 of the
17 constitution of the state of Kansas, for the purpose of granting to
18 such county and urban area powers of local government and con-
19 solidation of local government.
20 [(c) The consolidated city-county shall be subject to the cash-
21 basis and budget laws of the state of Kansas.
22 [(d) Except as provided in subsection (e), and in any other stat-
23 ute which specifically exempts bonds from the statutory limitations
24 on bonded indebtedness, the limitation on bonded indebtedness
25 of a consolidated city-county under this act shall be 30% of the
26 assessed value of all tangible taxable property within such county
27 on the preceding August 25.
28 [(e) The following shall not be included in computing the total
29 bonded indebtedness of the consolidated city-county for the pur-
30 poses of determining the limitations on bonded indebtedness:
31 [(1) Bonds issued for the purpose of refunding outstanding
32 debt, including outstanding bonds and matured coupons thereof,
33 or judgments thereon.
34 [(2) Bonds issued pursuant to the provisions of article 46 of
35 chapter 19 of the Kansas Statutes Annotated, and amendments
37 [(3) Bonds issued for the purpose of financing the construction
38 or remodeling of a courthouse, jail or law enforcement center fa-
39 cility, which bonds are payable from the proceeds of a retailers'
40 sales tax.
41 [(4) Bonds issued for the purpose of acquiring, enlarging, ex-
42 tending or improving any storm or sanitary sewer system.
43 [(5) Bonds issued for the purpose of acquiring, enlarging, ex-
SB 13--Am. by HCW
1 tending or improving any municipal utility.
2 [(6) Bonds issued to pay the cost of improvements to intersec-
3 tions of streets and alleys or that portion of any street immediately
4 in front of city or school district property.
5 [(f) Any bonded indebtedness and interest thereon incurred by
6 the city or county prior to consolidation shall remain an obligation
7 of the property subject to taxation for the payment thereof prior
8 to such consolidation.
9 [(g) Upon the effective date of the consolidation of the city and
10 county, any retailers' sales tax levied by the city or county in ac-
11 cordance with K.S.A. 12-187 et seq., and
12 thereto, prior to such date shall remain in full force and effect,
13 except that part of the rate attributable to the former city shall not
14 apply to retail sales in the cities of Bonner Springs, Edwardsville
15 and Lake Quivira.
16 [(h) Upon the effective date of the consolidation of the city and
17 county, the territory of the consolidated city-county shall include:
18 [(1) All of the territory of the county for purposes of exercising
19 the powers, duties and functions of a county.
20 [(2) All of the territory of the county, except the territory of
21 the cities of Bonner Springs, Edwardsville, Lake Quivira and the
22 unincorporated area of the county, for purposes of exercising the
23 powers, duties and functions of a city.
24 [(i) For the purposes of section 1 of article 5 of the constitution
25 of the state of Kansas, the ``voting area'' for the governing body of
26 the consolidated city-county shall include all the territory within
27 Wyandotte county.
28 [ (j) Except for the consolidated city-county and unless otherwise pro-
29 vided by law, other political subdivisions of the county shall not be af-
30 fected by consolidation of the city and county. Such other political sub-
31 divisions shall continue in existence and operation.
32 [ (k) (j) Unless otherwise provided by law, the consolidated city-
33 county shall be eligible for the distribution of any funds from the
34 state and federal government as if no consolidation had occurred.
35 Except as provided in this subsection, the population and assessed
36 valuation of the territory of the consolidated city-county shall be
37 considered its population and assessed valuation for purposes of
38 the distribution of moneys from the state or federal government.
39 [ (l) (k) The consolidated city-county shall be a county. The gov-
40 erning body of the consolidated city-county shall be considered
41 county commissioners for the purposes of section 2 of article 4 of
42 the constitution of the state of Kansas and shall have all the powers,
43 functions and duties of a county and may exercise home rule pow-
SB 13--Am. by HCW
1 ers in the manner and subject to the limitations provided by K.S.A.
2 19-101a, and amendments thereto, and other laws of this state.
3 [The governing body of the consolidated city-county shall be re-
4 sponsible for any duties or functions imposed by the constitution
5 of the state of Kansas and other laws of this state upon any county
6 office abolished by the consolidation plan. Such duties may be del-
7 egated by the governing body or as provided in the consolidation
(m) (l) The consolidated city-county shall be a city of the first
10 class. The governing body of the consolidated city-county shall
11 have all the powers, functions and duties of a city of the first class
12 and may exercise home rule powers in the manner and subject to
13 the limitations provided by article 12 of section 5 of the constitu-
14 tion of the state of Kansas and other laws of this state.
15 [ (n) (m) The governing body of the consolidated city-county
16 may create special service districts within the city-county and may
17 levy taxes for services provided in such districts.
18 [ (o) (n) Changes in the form of government approved by the
19 voters in accordance with the consolidation plan are hereby de-
20 clared to be legislative matters and subject to initiative and ref-
21 erendum in accordance with K.S.A. 12-3013 et seq., and amend-
22 ments thereto.
23 [New Sec. 7. If an election under the provisions of K.S.A. 1996
24 Supp. 12-341 et seq. and amendments thereto is conducted in Wy-
25 andotte county, and if a majority of the electors voting at the elec-
26 tion vote in favor of the question submitted to consolidate Wyan-
27 dotte county and the city of Kansas City, Kansas, such favorable
28 vote shall also constitute a mandate as provided in this section. All
29 unified school districts of which all or the greater part of the ter-
30 ritory thereof is located in Wyandotte county shall also be consol-
31 idated at the end of the regular school sessions of the 1996-1997
32 school year. This mandate applies to unified school districts 202,
33 203, 204 and 500, and such unified school districts shall thereupon
34 be abolished and become one unified school district which shall
35 be given a suitable number designation by the state board of ed-
36 ucation. Article 71 of chapter 72 of the Kansas Statutes Annotated
37 shall apply to the consolidated unified school district created by
38 this act. All other laws of this state applicable to all unified school
39 districts shall also apply to the school district created by this act.
40 The method of election of members of the board of education of
41 such school district shall be election at large. The state board of
42 education may adopt policies to assist in the orderly reorganization
43 required by this act.]
SB 13--Am. by HCW
4. [8.] K.S.A. 12-1765, 72-8157[, 72-8212] and 72-8225 and
2 K.S.A. 1996 Supp. 10-1116c [and 12-345] are hereby repealed.
3 Sec. 5. [9.] This act shall take effect and be in force from and after
4 its publication in the statute book.